Research On State -private Subjects’ Responsibility In The Process Of Privatization Of Public Administration

As a new kind of management mode of the government, the privatization of public administration is highly respected by all over the world and becoming the dominant mode for the government to escape from the "government failure", improve the efficiency of the public administration and enhance the quality of public service. This model is a significant move of comprehensively deepen reform in our country, which is getting the central government’s high attention and support. Although the privatization reform of our country has obtained certain result, there are also many problems, which is particularly series in the lacking of the public and private body responsibilities. Due to the one-sided pursuit of privatization, ignoring the building of the main responsibility of the public and private body, it seriously affected the actual effect of the privatization, and even lead to the failure. For example, because of the unclear definition of public and private responsibility, it is happen occasionally that shirking and evading responsibility in the process of practice.Jump out of the point of view of public administration, this paper investigates from the public and private body responsibility to explore the lack of responsibility of China’s public administrative privatization in practice. The author put public administrative privatization problems under the background of national implementing deepen reform and enhancing comprehensive management ability. Based on the typical case, the author analyses the public and private body responsibility during the process of the privatization of public administration. Through the analysis, the author summarizes the main responsibility to bear of the public and private body:The main responsibility of the private body mainly includes the relevant rules of the executive contract, self-regulation and relevant rules of public law restraint of public power. During the process of privatization of public administration, as a provider of administrative tasks, the private subject should perform the relevant responsibilities in the administrative contract. On the sake of the public administration’s welfare requirements, the private subjects also need to take relevant responsibilities of self-regulation and the public law restraint of public power. The main responsibilities of the public body include the responsibility of the direct discharge, the responsibility of the guarantee, the supplementary liability and the administrative contract management responsibility. As the representative of public interests, it’s the inescapable responsibility of the public body to provide public goods and implement public interests. Therefore, the State needs to take the responsibility for the fulfillment of the administrative contract and the administration. The reason why the State takes responsibility for security and supplementary liability is the inevitable requirement of the public interest of the administrative task. Since the private subject has the nature of chasing profit, in order to realize the public interest, the public body must take the guarantee responsibility and supplementary liability in order to guarantee the continuous supply of public goods and public service.The author hopes, by strengthening the research of public and private responsibility, the phenomenon of the lack of public and private responsibility in the privatization of public administration could be effectively controlled, and it can provide feasible advices for the successful development of our national career of privatization...